Cusick Et Ux. v. Hutchison

Opinion by

Mr. Justice Drew,

Plaintiffs sued in trespass for the death of their minor child, alleged by them to have been caused by the negligence of defendant’s servant. At the close of plaintiffs’ testimony, a compulsory nonsuit was entered by the court below, and from the denial of their motion to take off thenonsuit plaintiffs have appealed.

The only question raised by the appeal is whether the servant, Evans, was acting within the scope of his employment at the time of the accident. His testimony disclosed that he had been employed to operate a steam roller in the construction of a public…